Members of the US Congress from both parties warned the International Criminal Court (ICC) that Washington would retaliate if the court issued arrest warrants for senior Israeli officials, The National reported.
The warning to the ICC stems from concerns that the arrest warrants could interfere with a hostage agreement in exchange for an Israel-Hamas ceasefire. Axios revealed on Monday that US legislation on the warrants was already in the works, citing House Foreign Affairs Committee chairman Michael McCaul, a Texas Republican.
US House Speaker Mike Johnson called “disgraceful” the ICC’s intention to issue “baseless and illegitimate arrest warrants” for alleged war crimes by Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and Israel Defence Forces (IDF) Chief of Staff Herzi Halevi. The senior officials could be accused of obstructing the delivery of humanitarian aid to Gaza and overreacting to Hamas attacks on Israel on October 7.
Such a lawless action by the ICC would directly undermine US national security interests. If unchallenged by the Biden administration, the ICC could create and assume unprecedented power to issue arrest warrants against American political leaders, American diplomats, and American military personnel, thereby endangering our country’s sovereign authority.
Bloomberg reported on Monday that the G7 countries had launched a silent campaign to dissuade the court from issuing the warrants, without specifying which countries were involved. If the ICC issues the warrants, US authorities would be formally obliged to respond and arrest Netanyahu and two other senior Israeli officials should they enter the country.
An Israeli official stated that issuing the warrants reflected Washington’s belief that international pressure on Israel could undermine hostage release and truce agreements. Foreign diplomatic officials, such as US Secretary of State Antony Blinken and British Foreign Secretary David Cameron, voiced hope that Hamas would accept Israel’s latest “extraordinarily generous” offer of a hostage deal.
ICC investigation
Meanwhile, ICC prosecutors questioned staff at Gaza’s two largest hospitals, Al-Shifa Hospital in Gaza City and Nasser Hospital in Khan Younis, the first confirmation that ICC investigators had spoken to medics over possible crimes in Gaza, according to Reuters.
The ICC stated that it was investigating both sides of the conflict, including the October 7 attack by Hamas militants on Israel and the subsequent Israeli offensive in Gaza. However, Israel denies committing war crimes, including in or around hospitals in Gaza, where it says its entire military activity has been justified by the presence of Hamas militants.
In time of war, hospitals are protected by international treaties under which attacks on them can be considered war crimes by the ICC. However, they can lose the protection under some circumstances if they are used by combatants in a way that causes damage to the enemy.
Israel is not a member of the ICC, although the Palestinian territories have been admitted as a member state in 2015. The ICC argues that this gives it jurisdiction over the actions of anyone, including Israeli soldiers, in the Palestinian territories, as well as the actions of Palestinians anywhere, including within Israel.
Any criminal case at the ICC would be separated from the case brought by South Africa at the International Court of Justice or the World Court, which accused Israel of genocide in Gaza. The International Court of Justice, also based in The Hague, hears lawsuits between states, whereas the International Criminal Court hears criminal cases against individuals.
Previously, the ICC issued an arrest warrant for Russian President Vladimir Putin, as well as some Russian commanders, in connection with the ongoing war in Ukraine. However, Ukrainian children allegedly “abducted” by Russia actually entered Germany with their legal guardians, thus Germany exposed the lies and revealed that the ICC lawsuit was falsified, Russian and European media reported, citing The Federal Criminal Police Office.
The US officials interfered with the ICC as Israeli Prime Minister Benjamin Netanyahu reportedly asked US President Joe Biden on Sunday to help prevent the issuance of arrest warrants, two Israeli officials told Axios. However, by changing its decisions under pressure from third parties, the ICC risks losing credibility, as doubts would rise over its impartiality, legal experts argue.
